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Flashcards in intentional torts to person/ property Deck (52):
1

battery

1) harmful OR offensive contact
2) with plaintiff's person

always remember intent and volitional act

2

what is offensive contact?

unpermitted contact for reasonable person

3

what constitutes P's person?

includes anything connected to P's person
- construe P's person very liberal

4

Assault

1) reasonable apprehension of
2) imminent harmful or offensive contact

- Do not confuse apprehension with fear or intimidation
(ex: the giant P and tiny D, still assault)

5

Are words enough for assault

NO, words alone are not enough. Need words plus conduct.

BUT words can also undo conduct
(ie: i would hit you if you werent my brother)

6

If there is both battery and assault which one wins?

battery

7

False imprisonment

1) sufficient act of restraint
2) bounded area

8

Sufficient act of restraint for false imprisonment

1) threats are enough
2) inaction is enough if understanding that D would do something
3) time period can be very short

9

Does P need to know they are being confined for false imprisonment

YES, unless they are actually harmed

10

Shoplifting privilege

1) reasonable belief as to thief
2) reasonable manner of detention (no deadly force)
3) reasonable time of detention

11

Bounded area:

P's freedom of movement in ALL directions, mere inconvenience is not enough

12

When is the P not in bounded area for false imprisonment?

1) when there is a REASONABLE means of escape AND
2) P knows of it

13

Intentional Infliction of Emotional Distress (high exam question)

intent or recklessness

1) extreme and outrageous conduct
2) damages

14

what is extreme for IIED?

conduct must be so extreme. must be above and beyond mere insults

15

When normally non-outrageous conduct becomes outrageous for IIED?

1) conduct is continuous (remains the same but is continuous

2) the type of P
(a) young kid
(b) old fart
(c) pregnant woman
(d) adults with supersentsitivties D knows of

3) type of D
(a) common carriers
(b)innkeepers

16

What about common carries and innkeepers for IIED?

must be a passenger or guest for normally non-outrageous conduct becomes outrageous

17

Damages for IIED (are they required)

YES. physical injury is not required for IIED, but clear proof of substantial emotional distress is.

18

Trespass to land

always remember intent and voluntary act

1) act of PHYSICAL invasion by D
2) on P's land

19

Act of physical invasion by D (for trespass to land)

Does not require that D personally go on land.
- just need some PHYSICAL object to go on land

20

of P's land (for trespass to land)

includes not only surface but also, A REASONABLE distance, the space going up and down from surface

21

Difference between trespass to chattels and coversion

chattels: some damage, either takes for reasonable time. Can get damage amount

conversion: destroyed, taken for long period. Get paid in full market value of property

22

Defenses

1) Consent
2) Self Defense
3) Defense of others
4) defense of property
5) necessity

23

Consent (3 step analyze)

1) determine if capacity to consent
2) if express or implied
3) determine if D stayed w/i boundaries of any consent given.

24

Express consent:

words were used. Look for
1) Mistake
2) Fraud
3) Coercion
- if sufficient, these facts undo express consent

25

Implied consent

1) custom or usage (rules of game
2) P's conduct

26

Steps for defense (self defense, defense of others, defense of property)

1) timing requirement
- Tort must now be occurring or just about to occur
- if already occurred, no defense

2) Reasonable belief

3) reasonable force

27

What needs to be required for reasonable belief for defense

only need a REASONABLE BELIEF that a tort is being committed. do not have to actually have tort comitted.

28

Is there a duty to retreat before self defense

NO, no in IL as well.

29

What is proper force for self defense?

may use REASONABLE force (including deadly force is need).

30

What is proper force for defense of property

may use REASONABLE force BUT never deadly force just to protect property

31

necessity

ONLY APPLIES TO PROPERTY

32

public necessity

absolute unlimited privilege and no liability

33

private necessity

limited privilege and the D liable for actual damage caused. Necessity prevails over defense of property

34

what is the price for conversion

fair market value AT THE TIME OF THE CONVERSION

35

for IIED do you need PHYSICAL DAMAGES

NO!
- just emotional distress

36

for negligent infliction of emotional distress are physical damages needed

YES
x/c: negligent handling

37

Can the owner of chattel use force to get it back when they lawfully lent it to someone else?

No. W/e another's possession of the O's chattel began lawfully, the O may ONLY use PEACEFUL MEANS to recover the chattel.

- Force may be used to recapture a chattel only when it is in "hot pursuit" of one who has obtained possession wrongfully

38

Trespass to land: whom can bring a claim for trespass of land

trespass is interference of right of possession
- BROUGHT BY ANYONE IN ACTUAL OR CONSTRUCTIVE possession
- even possession w/o title or legal right

39

can a person who does not have possession of title or legal right still bring a trespass claim against someone

YES
- can be brought by anyone in actual or constructive possession
- even w/o title or legal right

40

implied consent by law for trespass defense

in emergency where person cannot consent, consent given by law

41

what is the replacement cost for conversion

fair market value of chattel at TIME OF CONVERSION

42

landlord duty off premises

GR: landlord owes NO DUTY to off premises natural conditions, but maybe liable for damages caused by unreasonable dangerous artificial conditions or structures abutting adjacent land

43

x/c where landlord owes no duty to off premises

GR: landlord owes NO DUTY to off premises NATURAL conditions, but maybe liable for damages caused by

- UNREASONABLE dangerous ARTIFICIAL conditions or structures abutting adjacent land

44

intent element for conversion

For conversion, the only intent required is the intent to perform the act that interferes with the P's right of possession.
- Thus wholly innocent, liability may attach where the interference is serious in nature.
- even a BFP of chattel may become a converter if the chattel had been stolen from the true owner

45

conversion elements

1) an act by the D interfering with P's right of possession in the chattel
2) intent to perform the act bringing the interference with P's right of possession
3) causation
4) Damages- interference that is serious enough in nature or consequence to warrant that the D pay the full value of the chattel

46

is intent to trespass required for conversion

NO, intent to do the act of interference with the chattel is sufficient for liability.
- guilty of conversion when intentionally (volitionally) took
- DOES NOT require person to loe or even realize that taken property of another

47

for conversion intent is it DEFENSE to think the item is yours

NO. only intent is the intent to do the act of interference with the chattel is sufficient for liability
- only need INTENT to take the chattel
- Does not require person to lose or even realize that taken property of another, can be complete accident

48

private necessity damages:

must still pay all damages from entering property. INCLUDING injuries done to O or O of the land.
- includes ALL DAMAGES, not just damages of property

49

can trespass to land exist when D remains on P's land after an otherwise lawful right of entry has lapsed

YES

50

prima facie case for false imprisonment

1) an act or omission to act by D that confines or restrains the P to a bounded area
2) intent on part of the D to confine or restrain the P and
3) causation

51

consent implied by law

where the action is necessary to protect an import interest or property

52

for defense of self defense what must it be?

One may act in self-defense not only where there is real danger but also where there is a REASONABLE appearance of danger.

- Must have acted as reasonable person would have acted similarly under the circumstances